Wisconsin Wrongful Death Attorneys
Losing a loved one is an indescribable tragedy, especially when it stems from an avoidable accident. At Gregory Wright Law Offices, S.C., we understand the emotional hardship this loss can cause, and we want to help you seek justice for the harm your loved one suffered. Our injury attorneys can help you prosecute your wrongful death claim to hold the liable party accountable for their actions.
In general, Wisconsin, a wrongful death lawsuit can be filed when a person’s death is caused by the wrongful act or negligence of another, and there are surviving beneficiaries who have suffered damages. These claims typically seek compensation for medical expenses, funeral costs, lost income, and loss of companionship.
Who Can File A Wrongful Death Claim In Wisconsin?
The persons eligible to file wrongful death claims are:
- Personal representative of the deceased: This includes the executor or administrator of the estate.
- Surviving family members: These may include spouses, domestic partners, children, parents, or other lineal heirs.
What Damages Are Available In A Wisconsin Wrongful Death Claim?
Available Damages:
- Economic damages: These include medical expenses, funeral costs, and lost income or earning capacity (loss of economic support), and loss of domestic services.
- Non-economic damage: these include Loss of Society and Companionship. Unfortunately , the claim of Loss of Society and Companionship in Wisconsin has a cap imposed by statute, sec. 895.03, which limits the amount awarded for the loss of an adult spouse, child, parent, etc., at $350,000. It limits the damages for Loss of Society and Companionship for the death of a minor child at $500,000.
Damages Belonging to the Estate of the Deceased.
Depending on the circumstances of an individual claim, there are cases where it is appropriate to request an award for damages incurred while the deceased was still alive. These are not technically “Wrongful Death” claims, in that they belong to the Estate of the deceased. In these cases, our firm would make arrangements for an Estate called a “Special Administration” to be opened at the onset of our representation, in order to preserve these claims to be brought should the evidence warrant it. These claims that belong to the Estate are for pain and suffering that was incurred by the deceased prior to their death. These include:
- Pre-Impact Mental Distress and Fear of Imminent Death. In some accidents, the facts will support a claim being brought for the mental distress associated with any pre-impact mental distress due to the observation by the deceased of the impending accident. In these cases, it is often required that our firm retain an accident reconstruction engineer who can calculate the time period between the moment that a significant crash becomes inevitable and the moment of the crash itself. These engineering analyses often show that the deceased driver had several seconds or more to see the tragedy about to unfold. That period, while very brief, is often sufficient to furnish the basis for a substantial damages claim for mental distress.
- Post-Impact Mental Distress, Physical Pain and Suffering and Fear of Imminent Death. It is not uncommon for people to survive catastrophic accidents for minutes or even hours after the initial impact. In these cases, with the appropriate amount of proof by lay witnesses who happen to come upon the scene in the accident’s immediate aftermath, EMS personnel, fire fighters and police can be developed very substantial and compelling claims for conscious pain and suffering and mental distress.
The Importance Of Timing In Wrongful Death Cases
In wrongful death cases, the timeline from the moment of the accident to the moment of death is critical. These two timestamps are crucial in establishing the chain of events that led to the wrongful death. This information is vital not only for building a strong case but also impacts compensation claims due to statutory limitations.
Time Limits: The statute of limitations for filing a wrongful death claim in Wisconsin is generally three years from the date of the incident, but it is two years if the death resulted from a car wreck. Wisconsin Statutes Section 895.04.
Guidance Through Your Entire Claim
Our approach focuses on a detailed analysis of the accident and the resulting legal implications. We take the time to gather all of the unique information in these claims, including consulting with expert witnesses and reviewing the available evidence. As we represent our clients, we also answer their pressing questions, such as:
What are the first steps I should take if I suspect a wrongful death?
If you believe that your loved one was the victim of a wrongful death, contact us immediately. In the meantime, do not discuss the details of your loved one’s passing with anyone, and do not accept any settlement offers from the liable party or their insurance. Finally, be sure to keep records of all correspondence surrounding the passing, and document all conversations as well.
How do statutory caps affect my wrongful death claim?
In Wisconsin, statutory caps limit noneconomic damages in medical malpractice wrongful death cases to $750,000, but economic damages and punitive damages are not subject to these caps. We can review the unique factors of your loved one’s passing to determine what the potential maximum is for a compensation claim.
Can your firm handle cases involving complex timelines and expert testimony?
Our extensive experience in these cases allows us to address even the most complicated wrongful death claims for our clients. When a detailed timeline analysis is needed, we consult with seasoned professionals to build a compelling case on your behalf.
Your Legal Support During Difficult Times
No one should ever experience losing a loved one to a sudden accident or tragedy. When these accidents do happen, it is vital to send a message that the actions that can cause a loss of life are unacceptable by filing a wrongful death claim. Let our wrongful death lawyers stand up for you by calling us at 608-909-6000 or emailing us here.